State grab after death is shocking

Thursday

Aug 14, 2014 at 6:00 AM

By Dianne Williamson

The siblings of Dennis Perry say the state made a "fatal error" in judgment that led to the violent death of their brother, allegedly at the hands of a resident who had no business living at the Templeton Developmental Center.

Now, just as the family learned that Dennis' alleged assailant has been indicted by a Worcester County grand jury, they received another shock: Any money they could recoup in a civil suit would likely be seized by the state.

Last fall I recounted the story of Dennis, a gentle, happy 64-year-old who was born with a developmental disability and lived for more than 40 years at the center, a state-run facility for the mentally handicapped. On Sept. 16, his family was notified that he "fell" and hit his head in the dairy barn; he died 12 days later.

Three weeks after the injury, police arrested Anthony Remillard, 22, of Worcester, a volatile man who had been sent to Templeton over the objections of prosecutors while awaiting trial on arson charges. Two staff members told police that Remillard deliberately shoved Dennis into a boiler at the barn, in a swift and unprovoked attack.

The Perry clan has not been well served by the state. The center never reported the fatal attack and investigators only learned of it from the medical examiner. Meanwhile, the family learned of Remillard's arrest in the newspaper. Early this month, the family was told by Worcester prosecutors that Remillard has been indicted on a charge of manslaughter on a disabled person over 60 and will be arraigned Sept. 16.

Now, an investigation by the state Department of Developmental Services found there is not sufficient evidence that Dennis was mistreated because Remillard was not a member of the Templeton staff. But the probe did find that Remillard's care providers behaved inappropriately before the alleged assault, by flicking water on him "in a joking manner" and "lightly" sitting on him when he wouldn't rise from a brief nap. The family has appealed the findings, and the DDS said it will re-investigate.

"The state needs to wake up," David Perry said. "Why would they put a violent person with gentle, docile people and think it's OK?"

But the hits just keep on coming for the Perrys. After the family opened a probate estate in their brother's name, MassHealth filed a $3 million claim in Worcester Probate Court for Dennis' past care. Payment should be made by check, they were told in a four-page letter from the Estate Recovery Unit.

"It can be split by eight of us, so it's not as bad as it sounds," David Perry joked.

But their lawyer isn't laughing. Thomas Frain of Bolton said he's outraged that the state is trying to recoup any money the family receives from a wrongful death suit.

"The irony here is the state is responsible for his violent death," Frain said. "Now they're saying, 'If you get money because of his violent death, we want that.' It's a totally messed up, corrupt system that gets you these crazy results ... This was a blunder of life and death proportions."

A spokesman for the MassHealth Estate Recovery Unit said the unit routinely files a lien on MassHealth recipients, under federal law.

"It's not a bill," Mark Shelton said. "If the estate is worth less than that, the money isn't recovered."

But what if the family prevails in a civil suit?

"That's a great question," Shelton said. "There is a provision for recovery ... MassHealth recovery is independent of circumstances. It's value neutral."

As far as the family of Dennis Perry is concerned, "value neutral" is a good phrase to describe the state's conduct in their brother's sad and senseless death.

Contact Dianne Williamson at dwilliamson@telegram.com

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